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Trade Mark Registrations in Bad Faith


ISBN13: 9780199551477
Published: November 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £160.00



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With the ever-increasing importance to both manufacturers and consumers of brand advertising and brand awareness, the commercial significance of trade marks continues to grow.

Trade mark abuse, including counterfeiting branded products and the wrongful registration of a trade mark belonging to a person or a company by another party (a 'bad faith' registration), is a well known problem in intellectual property law.

This book is a practical guide to protecting trade marks registrations in particular. It examines the case law, literature and recent EU developments (including issues relating to the enlargement of the EU) on trade mark registrations in bad faith from both an international and national perspective, and offers a comparative analysis of the relevent rules and regulation in 15 EU Member-States.

  • First major treatment and analysis pf 'bad faith' trade mark registrations, including counterfeiting branded products and wrongful registration of a trade mark belonging to another party
  • Comparative examination of the relevant rules and registrations in 15 EU Member States
  • Practical coverage of protecting trade marks against trade mark grabbing and abusive registrations

Subjects:
Intellectual Property Law
Contents:
PART I: INTRODUCTION
1: General Introduction
2: The General Framework for Obtaining Trade Marks

PART II: EUROPE AND TRADE MARK LAW: HARMONIZATION AND UNIFICATION
3: Legislative History
4: The Trade Mark Directive
5: The Community Trade Mark Regulation

PART III: THE DIRECTIVE IN MEMBER STATES:IMPLEMENTATION AND INTERPRETATION
6: Benelux
7: Germany
8: France
9: Italy
10: The United Kingdom
11: Ireland
12: Denmark
13: Greece
14: Portugal
15: Spain
16: Austria
17: Finland
18: Sweden
19: The New Member States

PART IV: BAD FAITH REVEALED
20: Towards a Uniform Approach for Bad Faith
Bibliography